The Persistent Transboundary Problem in Marine Natural Resource Management

Shared natural resources are vulnerable to overexploitation. Countries have established national borders on land and exclusive economic zones (EEZs) in the world's oceans in part to better control exploitation of local resources, but transboundary resources—those that span multiple national jurisdictions—are still subject to incentives for overextraction. We investigate the magnitude and distribution of this “transboundary problem” as it manifests in global fisheries. We show that internationally-shared fisheries exhibit lower relative abundance, on average, than those contained in single EEZs, even in the presence of extraction agreements and modern management practices. Additionally, for the first time we show that the degree of sharing—the number of countries sharing a resource and the spatial balance of each country's share—matters in driving the severity of the transboundary problem. Alleviating the transboundary problem for the fisheries we investigate would result in an estimated 4 to 17 million metric tons more fish in the ocean. In the future, growing human demand and climate change will likely exacerbate pressures on transboundary resources, requiring coordinated international governance solutions.

Scrutinising the Maritime Zones Around Australia’s Sub-Antarctic Islands

In 2016, the South China Sea Arbitral Tribunal was the first tribunal or court to interpret Article 121(3) of the United Nations Convention on the Law of the Sea. The Tribunal’s interpretation raises international law questions regarding the validity of claimed exclusive economic zones (eezs) and continental shelf maritime areas around many islands including Australia’s sub-Antarctic Islands. Owing to their geographical remoteness, harsh climates, lack of resources, as well as never been ‘home’ to any group of people in a settled way, questions have been raised as to the validity of Australia’s claimed maritime zones with respect to Article 121(3) in both pre- and post-South China Sea Arbitral Award commentary. The article assesses the validity of Australia’s claim by applying the Tribunal’s interpretation of Article 121(3) to the physical and historical facts of the Islands while raising alternate interpretations offered by prior and subsequent commentary. Three examples of possible State practice are reviewed for evidence of other interpretations that may have been agreed to by parties to the Convention. The findings are that Heard and Macquarie Islands are likely classified as islands entitled to an eez and continental shelf whereas McDonald Island is more likely to be an Article 121 ‘rock’.

Tracking the global reduction of marine traffic during the COVID-19 pandemic

The COVID-19 pandemic has resulted in unparalleled global impacts on human mobility. In the ocean, ship-based activities are thought to have been impacted due to severe restrictions on human movements and changes in consumption. Here, we quantify and map global change in marine traffic during the first half of 2020. There were decreases in 70.2% of Exclusive Economic Zones but changes varied spatially and temporally in alignment with confinement measures. Global declines peaked in April, with a reduction in traffic occupancy of 1.4% and decreases found across 54.8% of the sampling units. Passenger vessels presented more marked and longer lasting decreases. A regional assessment in the Western Mediterranean Sea gave further insights regarding the pace of recovery and long-term changes. Our approach provides guidance for large-scale monitoring of the progress and potential effects of COVID-19 on vessel traffic that may subsequently influence the blue economy and ocean health.

Differences in foraging habitat result in contrasting fisheries interactions in two albatross populations

Albatrosses attend fishing boats to feed on fishing discards but are often at risk of accidental bycatch. To examine whether populations (same species) and sexes differ in their overlap with fisheries due to differences in habitat use, we combined the use of recently developed loggers equipped with GPS and boat radar detectors with Automatic Identification System (AIS) data. Our study indicates that incubating wandering albatrosses Diomedea exulans from Crozet and Kerguelen foraged in different habitats although the duration of trips was similar. Both female and male Kerguelen birds took advantage of the large and productive surrounding shelf, whereas Crozet birds used the small shelf around the islands to a lesser extent. In Crozet, there was segregation between males and females, the latter favouring deeper and warmer waters. The 2 strategies of habitat use led to different overlap and attraction to boats, with Kerguelen birds encountering and attending boats for longer and at closer proximity to the colony than Crozet birds. Crozet females encountered boats at greater distances from the colony than males. Because of their different habitat use and foraging outside exclusive economic zones (EEZ) and further from the colony, Crozet birds attended more non-declared boats (without AIS) than Kerguelen birds. Albatrosses were more attracted by fisheries than cargo vessels and were especially attracted by fishing discards that led them to attend vessels for longer periods for both sexes and populations. The differences found between populations and individuals in terms of habitat specialization and encounter rate of fisheries should be considered for future assessments of risk of bycatch.

Autonomous Technology and Dynamic Obligations: Uncrewed Maritime Vehicles and the Regulation of Maritime Military Surveillance in the Exclusive Economic Zone

The development of uncrewed maritime vehicles [UMVs] has the potential to increase the scale of military maritime surveillance in the exclusive economic zones of foreign coastal states. This paper considers the legal implications of the expanded use of UMVs for this purpose. It shows how features of the legal regime—namely how its application depends on determining the intent of a vessel's operation (to distinguish marine scientific research from military surveillance), as well the obligation to have due regard—have a “dynamic” quality that will pose a challenge to UMVs operated by autonomous technology. The legal obligations will require equipping UMVs with the capacity to communicate something about their identity, the purpose of their mission, and to be able to have some capacity to be responsive to the economic and environmental interests of the coastal state.

Turkey’s Legal Approach to the Maritime Disputes in the Eastern Mediterranean

For more than a decade, the states bordering the Eastern Mediterranean Sea have been in disagreement over the delineation of their maritime boundaries. The disagreements concern various parts of the region and create enormous political tension over energy-related activities. Ever since Egypt and the Greek Administration of Southern Cyprus (GASC) signed the very first delimitation agreement of the region, without securing Turkey’s involvement, Turkey has issued many official statements and carried out energy-related activities in the region. Based on the principle that maritime delimitation should be carried out to reach an equitable solution by taking all the relevant circumstances into account, Turkey has developed a comprehensive legal approach as to the maritime delimitation in the Eastern Mediterranean and even submitted a map to the UN to demonstrate Turkey’s claimed continental shelf and Exclusive Economic Zones (EEZ) areas. The details of this comprehensive approach should be examined, to identify both the claims of Turkey over the maritime borders and the related legal arguments.

The Kermadec Ocean Sanctuary: Terraqueous Territorialization and Māori Marine Environments

This paper interprets the disrupted establishment of the Kermadec Ocean Sanctuary, a 620,000 square kilometre marine protection area, as a crucial moment in Pacific frontier making. The development of large-scale protected marine areas is a politically charged frontier tool, in which states garner international recognition and environmental renown by setting aside large swathes of their exclusive economic zones. In the Kermadec Sanctuary, this enclosure hit against an assemblage of Indigenous histories, ecologies, repatriated fishing rights, and privatized fishing quota challenging the oftmarginalized agency of Indigenous people in frontier narratives. This paper argues that three factors are fundamental to untangling this conflict: first, the historical trajectory of terraqueous territorialization in the Kermadec region, second, the post-Treaty of Waitangi settlement dynamics of Maori marine environments, and third, the common ecosystem services model underlying conservation and extraction.